§ 1350. National base acreage allotment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1938

   Agricultural Act of 1964

   Pub. L. 88–297 title I § 105 · 78 Stat. 173

   Enacted · 7 U.S.C. § 1350

   Feb. 16, 1938, ch. 30, title III, § 350, as added Pub. L. 88–297, title I, § 105, Apr. 11, 1964, 78 Stat. 175

   Source evidence

   Code source credit
   Feb. 16, 1938, ch. 30, title III, § 350, as added Pub. L. 88–297, title I, § 105, Apr. 11, 1964, 78 Stat. 175

   Enacted provision · exact public law section
   Sec. 105. The Agricultural Adjustment Act of 1938, as amended, 52 Stat. 31. 7 USC 1281. is amended by adding a new section as follows: “Sec. 350. In order to provide producers with a choice program of Acreage allotment. reduced acreage and higher price support, the Secretary shall establish for each farm for the 1964 and 1965 crops of upland cotton a farm domestic allotment in acres. The farm domestic allotment shall be the percentage which the national domestic allotment is of the national acreage allotment established under section 344(a) applied 63 Stat. 670. 7 USC 1344. as a percentage of the smaller of (1) the farm acreage allotment established under section 344, or (2) the higher acreage actually planted or regarded as planted on the farm (excluding acreage regarded as planted under sections 344 (m)(2) and 377) in the two 73 Stat. 394, 393. 7 USC 1344, 1377. years preceding the year for which such allotment is established: Provided, That any farm planting 90 per centum or more of the allotment shall, for the purpose of (2) above, be considered as having planted the entire farm allotment: Provided further, That, except for farms the acreage allotments of which are reduced under section 344(m), the farm domestic allotment shall not be less than the smaller of 15 acres or the farm acreage allotment established under section 344, but this proviso shall be applicable to the 1964 crop without regard to the exception stated herein. The national domestic acreage allotment for any crop shall be that acreage, based upon the national average yield per acre of cotton for the four years immediately preceding the calendar year in which the national acreage allotment is proclaimed, required to make available from such crop an amount of upland cotton equal to the estimated domestic consumption for the marketing year for such crop. The Secretary shall proclaim the national domestic acreage allotment for the 1964 crop not later than April 1, 1964, and for each subsequent crop not later than December 15 of the calendar year preceding the year in which the crop is to be produced.”

2. 1965

   Food and Agriculture Act of 1965

   Pub. L. 89–321 title IV § 401(3) · 79 Stat. 1187

   Amended · 7 U.S.C. § 1350

   Pub. L. 89–321 extended domestic acreage allotment program through the 1969 crop and otherwise amended section generally to authorize establishment of a national domestic allotment for each crop year equal to the estimated domestic consumption for the marketing year beginning in year in which crop is to be produced and to authorize determination of a farm domestic acreage allotment percentage for each year by dividing national domestic allotment by total for all States of product of State acreage allotment and the projected State yield

   Source evidence

   Code amendment note
   Pub. L. 89–321 extended domestic acreage allotment program through the 1969 crop and otherwise amended section generally to authorize establishment of a national domestic allotment for each crop year equal to the estimated domestic consumption for the marketing year beginning in year in which crop is to be produced and to authorize determination of a farm domestic acreage allotment percentage for each year by dividing national domestic allotment by total for all States of product of State acreage allotment and the projected State yield.

   Enacted provision · exact public law section
   (3) Section 350 of the Act is amended, effective with the 1966 crop, 78 Stat. 175. 7 USC 1350. to read as follows: “Sec. 350. In order to afford producers an opportunity to participate in a program of reduced acreage and higher price support, as provided in section 103(d) of the Agricultural Act of 1949, as amended, Post, p. 1194. the Secretary shall determine a national domestic allotment for the 1966, 1967, 1968, and 1969 crops of upland cotton equal to the estimated domestic consumption of upland cotton (standard bales of four hundred and eighty pounds net. weight) for the marketing year beginning in the year in which the crop is to be produced. The Secretary shall determine a farm domestic acreage allotment percentage for each such year by dividing (1) the national domestic allotment (in net weight pounds) by (2) the total for all States of the product of the State acreage allotment and the projected State yield. The farm domestic acreage allotment, shall be established by multiplying the 63 Stat. 670. 7 USC 1344. farm acreage allotment established under section 344 by the farm domestic acreage allotment percentage: Provided, That no farm domestic acreage allotment shall be less than 65 per centum of such farm acreage allotment. Such national domestic allotment shall be determined not later than October 15 of the calendar year preceding the year in which the crop is to be produced; except that in the case of the 1966 crop, such determination shall be made within 15 days after enactment of the Food and Agriculture Act of 1965.”

3. 1968

   Pub. L. 90–559 § 1(2) · 82 Stat. 996

   Substituted · 7 U.S.C. § 1350

   Pub. L. 90–559 provided for a one year extension, substituting “1966 through 1970” for “1966, 1967, 1968, and 1969”

   Source evidence

   Code amendment note
   Pub. L. 90–559 provided for a one year extension, substituting “1966 through 1970” for “1966, 1967, 1968, and 1969”.

   Enacted provision · exact public law section
   (1) by striking out “through 1969” wherever it appears and substituting “through 1970”;

4. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 title VI § 601(4) · 84 Stat. 1358

   1. Amended · 7 U.S.C. § 1350

      Pub. L. 91–524 designated existing provisions as subsec. (a)

   2. Substituted · 7 U.S.C. § 1350

      Pub. L. 91–524 substituted provisions for the establishment of a national base acreage allotment covering each of the 1971, 1972, and 1973 crops of upland cotton for provisions authorizing the establishing of a national domestic allotment for the 1966 through 1970 crops of upland cotton

   3. Added · 7 U.S.C. § 1350

      Pub. L. 91–524 added subsecs. (b) to (h)

   Source evidence

   Code amendment note
   Pub. L. 91–524 designated existing provisions as subsec. (a), substituted provisions for the establishment of a national base acreage allotment covering each of the 1971, 1972, and 1973 crops of upland cotton for provisions authorizing the establishing of a national domestic allotment for the 1966 through 1970 crops of upland cotton, and added subsecs. (b) to (h).

   Enacted provision · exact public law section
   (4) Section 350 of the Act is amended to read as follows: “Sec. 350. (a) The Secretary shall establish for each of the 1971, 1972, and 1973 crops of upland cotton a national base acreage allotment. Such national base acreage allotment shall be announced not later than November 15 of the calendar year preceding the year for which the national base acreage allotment is to be effective. The national base acreage allotment for any crop of cotton shall be the number of acres which the Secretary determines on the basis of the expected national yield will produce an amount of cotton equal to the estimated domestic consumption of cotton (standard bales of four hundred and eighty pounds net weight) for the marketing year beginning in the year in which the crop is to be produced, plus not to exceed 25 per centum thereof if the Secretary, taking into consideration other actions he may take under the Agricultural Act of 1970, determines that such additional amount is necessary to provide for a production which will equal the national cotton production goal, except that such national base acreage allotment shall be eleven million five hundred thousand acres for the 1971 crop and in the case of the 1972 and 1973 crops shall be in such amount as the Secretary determines necessary to maintain adequate supplies. “(b) The national base acreage allotment for each crop of upland Apportionment to States. cotton shall be apportioned by the Secretary to the States on the basis of the acreage planted (including acreage regarded as having been planted) to upland cotton within the farm acreage allotment or the farm base acreage allotment, whichever is in effect, during the five calendar years immediately preceding the calendar year in which the national cotton production goal is proclaimed, with adjustments for abnormal weather conditions or other natural disaster during such period. “(c) The State base acreage allotment for each crop of upland cotton Apportionment to counties. shall be apportioned to counties on the same basis as to years and conditions as is applicable to the State under subsection (b): Provided, That the State committee may reserve not to exceed 2 per centum of its State acreage allotment which shall be used to make adjustments in county allotments for trends in acreage, for counties adversely affected by abnormal conditions affecting plantings, or for small or new farms, or to correct inequities in farm allotments and to prevent hardships. “(d) The Secretary shall adjust the apportionment base for each county as may be necessary because of transfers of allotments across county lines. “(e) (1) The county base acreage allotment for the 1971 crop shall Apportionment to farms. be apportioned to old cotton farms in the county on the basis of the domestic acreage allotment established for the farm for the 1970 crop. For the 1972 and each subsequent crop of upland cotton the county base acreage allotment shall be apportioned to old cotton farms in the county on the basis of the farm base acreage allotment established for such farm for the preceding year. The county committee may reserve not in excess of 10 per centum of the county allotment which, in addition to the acreage made available under the proviso in subsection (c), shall be used for (A) establishing allotments for farms on which cotton was not planted (or regarded as planted) during any of the three calendar years immediately preceding the year for which the allotment is made, on the basis of land, labor, and equipment available for the production of cotton, crop-rotation practices, and the soil and other physical facilities affecting the production of cotton; and (B) making adjustments of the farm allotments established under this paragraph so as to establish allotments which are fair and reasonable in relation to the factors set forth in this paragraph and abnormal conditions of production on such farms, or in making adjustments in farm allotments to correct inequities and to prevent hardships. No paid of such reserve shall be apportioned to a farm to reflect new cropland brought into production after the date of enactment of the Agricultural Act of 1970. “(2) If for any crop the total acreage of cotton planted on a farm is less than the farm base acreage allotment, the farm base acreage allotment used as a base for the succeeding crop shall be reduced by the percentage by which such planted acreage was less than such farm base acreage allotment, but such reduction shall not exceed 20 per centum of the farm base acreage allotment for the preceding crop. If not less than 90 per centum of the base acreage allotment for the farm is planted to cotton, the farm shall be considered to have an acreage planted to cotton equal to 100 per centum of such allotment. For purposes of this paragraph, an acreage on the farm which the Secretary determines was not planted to cotton because of drought, flood, other natural disaster, or a condition beyond the control of the producer shall lie considered to be an acreage planted to cotton. For the purpose of this paragraph, the Secretary shall, in the event producers of wheat or feed grains are permitted to do so, permit producers of cotton to have acreage devoted to soybeans, wheat, or feed grains considered as devoted to the production of cotton to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the cotton or soybean program. “(3) If no acreage is planted to cotton for any three consecutive crop years on any farm which bud a farm base acreage allotment for such years, such farm shall lose its base acreage allotment. “(f) Effective for the 1971, 1972, and 1973 crops, any part of any farm base acreage allotment on which upland cotton will not be planted and which is voluntarily surrendered to the county committee shall be deducted from the farm base acreage allotment for such farm and may be reapportioned by the county committee to other farms in the same county receiving farm base acreage allotments in amounts determined by the county committee to be fair and reasonable on the basis of past acreage of upland cotton, land, labor, equipment, available for the production of upland cotton, crop rotation practices, and soil and other physical facilities affecting the production of upland cotton. If all of the acreage voluntarily surrendered is not needed in the comity, the county committee may surrender the excess acreage to the State committee to be used to make adjustments in farm base acreage allotments for other farms in the State adversely affected by abnormal conditions affecting plantings or to correct inequities or to prevent hardship. Any farm base acreage allotment released under this provision shall be regarded for the purpose of establishing future farm base acreage allotments as having been planted on the farm and in the county where, the release was made rather than on the farm and in the county to which the allotment was transferred: Provided, That, notwithstanding any other provision of law, any part of any farm base acreage allotment for any crop year may be permanently released in writing to the county committee by the owner and operator of the farm and reapportioned as provided herein. Acreage released under this subsection shall be credited to the State in determining future allotments. “(g) Any farm receiving any base acreage allotment through release and reapportionment or sale, lease, or transfer shall, as a condition to the right to receive such allotment, comply with the set-aside requirements Post, p. 1376. of section 103(e)(4) of the Agricultural Act of 1949, as amended, applicable to such acreage as determined by the Secretary. “(h) Notwithstanding any other provision of this Act, if the Secretary determines for any year that because of drought, flood, other natural disaster, or a condition beyond the control of the producer a portion of the farm base acreage allotment in a county cannot be timely planted or replanted in such year, he may authorize for such year the transfer of all or a part of such cotton acreage for any farm in the county so affected to another farm in the county or in an adjoining county on which one or more of the producers on the farm from which the transfer is to be made will lie engaged in the production of upland cotton and will share, in the proceeds thereof, in accordance with such regulations us the Secretary may prescribe. Any farm base acreage allotment transferred under this subsection shall be regarded as planted to upland cotton on the farm and in the county and State from which transfer is made for purposes of establishing future firm, county and State allotments.”

5. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(19)(A) · 87 Stat. 221

   1. Substituted · 7 U.S.C. § 1350(a)

      Pub. L. 93–86, § 1(19)(A), (D), (E), substituted “1971 through 1977” for “1971, 1972, and 1973”

   2. Substituted · 7 U.S.C. § 1350(a)

      Pub. L. 93–86, § 1(19)(A), (D), (E), substituted “1972 through 1977” for “1972 and 1973”

   3. Inserted · 7 U.S.C. § 1350(a)

      Pub. L. 93–86, § 1(19)(A), (D), (E), inserted requirement that the national base acreage allotment for the 1974 through 1977 crops shall not be less than eleven million acres

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–86, § 1(19)(A), (D), (E), substituted “1971 through 1977” for “1971, 1972, and 1973” and “1972 through 1977” for “1972 and 1973” and inserted requirement that the national base acreage allotment for the 1974 through 1977 crops shall not be less than eleven million acres.

   Enacted provision · exact public law section
   (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

   Effective date note
   Pub. L. 93–86, § 1(19)(E)–(G), Aug. 10, 1973, 87 Stat. 233, provided that the amendments made by section 1(19)(E)–(G) of Pub. L. 93–86 are effective beginning with the 1974 crop.

6. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(19)(F) · 87 Stat. 221

   Substituted · 7 U.S.C. § 1350(e)(2)

   Pub. L. 93–86, § 1(19)(F), substituted “soybeans, wheat, feed grains, guar, castor beans, triticale, oats, rye or such other crops as the Secretary may deem appropriate” for “soybeans, wheat or feed grains”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 93–86, § 1(19)(F), substituted “soybeans, wheat, feed grains, guar, castor beans, triticale, oats, rye or such other crops as the Secretary may deem appropriate” for “soybeans, wheat or feed grains”.

   Enacted provision · exact public law section
   (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

   Effective date note
   Pub. L. 93–86, § 1(19)(E)–(G), Aug. 10, 1973, 87 Stat. 233, provided that the amendments made by section 1(19)(E)–(G) of Pub. L. 93–86 are effective beginning with the 1974 crop.

7. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(19)(A) · 87 Stat. 221

   Substituted · 7 U.S.C. § 1350(f)

   Pub. L. 93–86, § 1(19)(A), substituted “1971 through 1977” for “1971, 1972, and 1973”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 93–86, § 1(19)(A), substituted “1971 through 1977” for “1971, 1972, and 1973”.

   Enacted provision · exact public law section
   (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

   Effective date note
   Pub. L. 93–86, § 1(19)(E)–(G), Aug. 10, 1973, 87 Stat. 233, provided that the amendments made by section 1(19)(E)–(G) of Pub. L. 93–86 are effective beginning with the 1974 crop.

8. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(19)(G) · 87 Stat. 221

   Substituted · 7 U.S.C. § 1350(h)

   Pub. L. 93–86, § 1(19)(G), substituted “to another farm in the county or in any other nearby county” for “to another farm in the county or in an adjoining county”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 93–86, § 1(19)(G), substituted “to another farm in the county or in any other nearby county” for “to another farm in the county or in an adjoining county”.

   Enacted provision · exact public law section
   (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

   Effective date note
   Pub. L. 93–86, § 1(19)(E)–(G), Aug. 10, 1973, 87 Stat. 233, provided that the amendments made by section 1(19)(E)–(G) of Pub. L. 93–86 are effective beginning with the 1974 crop.

12 of 12 references resolved to an enrolled provision